Jailed former policeman loses appeal against rape and drug convictions

Andrea Petrie

A former policeman jailed for rape, drug possession and misconduct in public office, has lost an appeal to the High Court.

Huy Vinh Quach, 37, a former police officer of more than a decade, was jailed in April 2010 for raping a woman while she slept in 2004 and for other charges.

He was sentenced to eight years and three months' jail and ordered to serve a minimum term of five years.

He appealed his conviction and sentence to the Victorian Court of Appeal on the basis that the learned trial judge erred in refusing to discharge the jury, that the direction given by the learned trial judge in response to the jury's question was inadequate, and that the jury's verdict was unsafe and unsatisfactory. He lost.

Lawyers on his behalf sough leave to present his case to the High Court in Melbourne on Friday.

But following a brief hearing, the High Court judges ruled they were not persuaded an error had been made by the trial judge, so his appeal was refused.

Quach's jail term was extended in December 2010 in relation to another misconduct charge after it was revealed he had sex with a mentally ill woman he conducted a welfare check on in July 2007.

His County Court trial heard the woman, then 20, felt as though she could not refuse Quach because he was a policeman.

He was sentenced to an additional four months' jail, making his sentence eight years and seven months, with a minimum of five years and two months.